“We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here.”

Majority opinion by Chief Justice John G. Roberts Jr.

Ginsburg

Kagan

Thomas

Scalia

Alito

Roberts

Kennedy

Breyer

Sotomayor

“DOMA’s principal effect is to identify and make unequal a subset of state-sanctioned marriages. It contrives to deprive some couples married under the laws of their state, but not others, of both rights and responsibilities, creating two contradictory marriage regimes within the same state.”

Majority opinion by Justice Anthony M. Kennedy

Ginsburg

Kagan

Thomas

Scalia

Alito

Roberts

Kennedy

Breyer

Sotomayor

Because California opponents of same-sex marriage do not have standing to sue over the state voter initiative, the way is cleared for same-sex marriage to resume in California.

Does not have authority to decide whether Proposition 8 violates the Constitution

5-4

a 1996 law denying federal benefits to legally married same-sex couples